Karl Paul Vossbrinck - Page 4




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          private letter ruling to the effect that petitioner was self-               
          employed during the years in question.  The Appeals officer                 
          agreed to “stay” the collection process while petitioner sought a           
          ruling.  Approximately 1 week later, the Appeals officer received           
          a copy of petitioner’s request for a private letter ruling.  The            
          Appeals officer assumed that petitioner had submitted the                   
          original of the request for a private letter ruling to the                  
          appropriate Internal Revenue Service (IRS) ruling branch.                   
               The Appeals officer heard nothing further from or about                
          petitioner until November 2000, when he received notification               
          from within the IRS that an examination of petitioner’s                     
          employment status had been conducted and resulted in the                    
          conclusion that petitioner was an employee during the years in              
          question.  That determination had been made by respondent’s                 
          specialized examination group in Vermont that considers whether             
          taxpayers are employees or independent contractors.  It was at              
          that time (more than 6 months after his telephone conversation              
          with petitioner) that the Appeals officer discovered that                   
          petitioner had not sought a private letter ruling, but had                  
          instead submitted a request for examination of his status.  After           
          receiving the notification during December 2000, the Appeals                
          officer caused the issuance of the notice of determination to               
          proceed with the levy, from which petitioner appealed to this               
          Court.                                                                      






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